Consumer Law, Warranties Car Payment Verbal Agreement

[lawmaw]

John (my son) and Mary were boyfriend-girlfriend living in John's home in VA. Mary decided to purchase a car, but was denied a loan due to bad credit. Mary promised verbally to make car payments if John would co-sign for loan. Mary made payments until she got fired from job. John learned from finance co. that he was actually listed as primary loan holder and Mary was cosigner. Car is registered in both names. John urged Mary to get a job. Mary got part-time work which barely paid for her personal items. John told Mary he could not support her and asked her to leave and get a job or car would have to go. Mary left with car and moved to another city in VA. Mary did not obtain adequate work and let the car insurance lapse. Of necessity John made car and insurance pmts for a number of months in an effort to save his own credit. Since John is a co-registrant and believes he has rights to the car, he went to get car at Mary's residence. Mary threatened to call police. John did not want confrontation w/police and returned car. Shortly thereafter Mary took car out of VA to IL. John had no knowledge of nor did he agree to Mary's taking car out of state. Upon learning of Mary's move, John said he needed pmt by 30Nov09. John is financially strapped and needs to know what rights he has to car, to back payments, and what action he needs to take.

 

[jharris352]

John should have taken the car when it was in VA. Now he has to sue her in IL or let the car go. If he has a key to the car I would fly out there and drive back in the car. He has every right to take possession of the car. If he brings it back to VA and she comes to VA he can sue her when she shows up and resolve the issue. Make sense?

If he doesn't want to do that he has to sue her where she is.

 

[Michael Wechsler]

Look at the agreement. If John is the primary - does that mean he technically owns the car? If he isn't on the title and is merely a guarantor, he doesn't have rights to the car necessarily. John is in trouble and needs to first look at the written documents to determine the rights he does have.